October 16, 2019
In order to Use the TMH Platform, you (“User”) must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered in, and able to enter into legally binding agreements.
Definitions (in alphabetical order)
Content: This means text, images, audio, video, animations, hyperlinks, geographical coordinates, or other material and information that may be created, uploaded, posted, sent, received, used or stored on or through or by the TMH Platform.
Launch: This means the public availability of the TMH Platform.
Listing Fee: TMH may at its sole discretion charge fees to Suppliers for their Use of the TMH Platform. It is not possible to enumerate all the different types of fees. Examples include one-time fees, subscription fees, and/or commissions.
New Platform Features: This means new features, functions, products and/or services available on or through or by the TMH Platform. It is not possible to enumerate all New Platform Features TMH may introduce. Examples include ratings, and/or reviews.
Platform Content: This means Listings, User Content and TMH Content altogether.
Platform Features: This means features, functions, products and/or services available on or through or by the TMH Platform.
Platform Fees: Listing Fee and User Fee together
Private User Content: This means personal information of User, and User Content, that said User does not want to make publicly available to Users on or through or by the TMH Platform.
Public User Content: This means personal and/or non-personal information of User, and User Content, that User voluntarily makes publicly available to Users on or through or by the TMH Platform.
Suppliers and Listings: This means certain third parties (“Suppliers”) who are granted a license to List, advertise, create, upload, post, send, receive, and store Content on or through or by the TMH Platform about their travel and/or travel-related products and/or services (“Listings”), for consumption by Users. It is difficult to enumerate all the different types of Suppliers. Examples include, providers of attractions, tours, activities, transportation, lodging, eating and/or drinking, insurance, visitor centers, events, or Content such as blog posts, photographs, and/or video clips.
Third Party Services: This means services offered by Third Parties and/or Suppliers using any hyperlinks to Supplier websites, third party websites and/or resources, third party Content, software, widgets, application programming interfaces or any products and/or services available for Use on or through or by the TMH Platform that are not directly owned, controlled, operated or managed by TMH. Examples of Third Party Services include but are not limited to Suppliers’ products and/or services, sharing Platform Content on social media, or accessing maps, flights, hotels and/or events Content offered by Third Party Services on or through or by the TMH Platform.
TMH: This means TravelMyHeart Inc., a United States corporation. When this Terms mentions “TMH,” “we,” “us,” or “our,” it refers to TravelMyHeart Inc.
TMH Account: This means Users’ registered account for Use of certain Platform Features available on or through or by the TMH Platform.
TMH Content: This means all Content available on or through or by the TMH Platform excluding Listings and User Content.
TMH Platform: The TMH Platform is an online marketplace for travel and/or travel-related products and/or services. This means and includes the TMH website, including any subdomains thereof, and/or all associated platforms and products and/or services, whether online or offline, that TMH owns, controls, operates or manages, including blogs, email newsletters, marketing programs, and/or co-marketing programs; and/or any successor or replacement platforms that TMH owns, controls, operates or manages. The TMH Platform includes Listings, Platform Content, and Platform Features. TMH at its sole discretion, may modify the TMH Platform, release New Platform Features and/or remove Platform Features iteratively.
Use: This means accessing or using the TMH Platform or registering, accessing or using a TMH Account on or through or by the TMH Platform.
User Content: This means Content created, uploaded, posted, sent, received, used and stored on or through or by the TMH Platform by a User. Users offer User Content at no charge on or through or by the TMH Platform. User Content means Private User Content and Public User Content together.
User Fee: TMH may at its sole discretion charge fees to Users for their Use of the TMH Platform. It is not possible to enumerate all the different types of fees. Examples include one-time fees, subscription fees, and/or commissions.
Users: This means any individual or entity who Uses the TMH Platform. All Suppliers are also Users, but not vice versa. The term “you” in this agreement means User.
Without limiting the generality of the foregoing, the singular number includes the plural, the plural number includes the singular; the term “including” means “including but not limited to;” and the term “person” includes a corporation, limited liability company, trust partnership or other entity and a natural person. Use of paragraph headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
Legally Binding Agreement
This Terms constitutes a legally binding agreement (“Agreement”) between you and TMH, governing your Use of the TMH Platform. If you disagree with this Terms, do not Use the TMH Platform.
TMH reserves the right to modify this Terms at any time in accordance with this provision. If we make changes to this Terms, we will post the revised Terms and update the “Last Updated” date at the top of this Terms.
If you disagree with the revised Terms, do not Use the TMH Platform, and request deletion of your Listings, User Content and/or TMH Account. You may request deletion by contacting TMH. The contact information is available at the end of this Terms. If you do not terminate your Use before the Last Updated date, the revised Terms will become effective and you’re continued Use of the TMH Platform will constitute acceptance of the revised Terms.
The TMH Platform is an online marketplace that enables Suppliers to List, advertise, create, upload, post, send, receive, use and store their Listings on or through or by the TMH Platform; and enables Users to create, upload, post, send, receive, use and store User Content on or through or by the TMH Platform; and to communicate and transact directly with each other, including consuming, saving and sharing Platform Content and seeking to purchase and consume, or purchasing and consuming Suppliers’ products and/or services.
As the provider of the TMH Platform, TMH does not own, create, sell, resell, provide, control, manage, offer, deliver, supply or fulfill any products and/or services offered in any Listings, nor is TMH an organizer or retailer of travel packages under Directive (EU) 2015/2302.
When Users purchase and consume Suppliers’ products and/or services offered in their Listings or transact in any way on or through or by the TMH Platform, they are entering into a contract directly with each other. TMH is not and does not become a party to, or other participant in any contractual relationship among Users, nor is TMH an insurer. TMH is not acting as an agent for any User in any capacity.
TMH has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listing, (ii) the truth, accuracy or copyright compliance of any Platform Content, or (iii) the performance or conduct of any User. TMH does not endorse any particular User or Platform Content. Any references to being “verified” (or similar language) only indicate that the respective User has completed a relevant verification and/or identification process and nothing else. Any such reference is not an endorsement, certification or guarantee by TMH about any User, including identity, background, trustworthiness, safety, suitability, truth, accuracy and/or copyright compliance. You should always exercise due diligence and care when deciding whether to communicate and/or transact on or through or by the TMH Platform with any User, whether online or in person.
If you choose to Use the TMH Platform, your relationship with TMH is limited to being an independent, third-party contractor, and not an employee, agent or partner of TMH for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of TMH. TMH does not, and shall not be deemed to, direct or control you generally, or in your performance under this Terms. You acknowledge and agree that subject to this Terms, you have complete discretion on whether to Use, List, interact, transact or otherwise engage in any other business activities on or through or by the TMH Platform.
TMH may make Use of the TMH Platform or Platform Features subject to certain conditions or requirements, such as completing a verification process and/or meeting specific quality, eligibility or threshold criteria. We do not assume any responsibility for the verification and/or confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against or request reports from Third Party Services, and (iii) obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks (if available). We may use any and all information, we have about you, including your full name to obtain such reports.
The Use of certain Platform Features on or through or by the TMH Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant Platform Features on or through or by the TMH Platform. If there is a conflict between this Terms and terms and conditions applicable to a specific Platform Feature, the latter terms and conditions will take precedence with respect to your Use of that Platform Feature, unless specified otherwise in the latter terms and conditions.
Due to the nature of the Internet, TMH cannot guarantee the continuous and uninterrupted availability and accessibility of the TMH Platform. TMH at its sole discretion may restrict the availability of the TMH Platform or certain Platform Features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the TMH Platform.
Certain Platform Features on or through or by the TMH Platform require you to provide your personal information; enable you to create, upload, post, send, receive, use and store your personal information; or require you to provide your personal information to enable you to Use Third Party Services. It is not possible to enumerate all Platform Features and Third Party Services that require personal information, or enable you to create, upload, post, send, receive, use and store your personal information. Examples include requiring your first name, last name, and email address for registering your TMH Account. A second example is that you may choose to fill out a form to make an enquiry about one or more Suppliers’ Listings and provide personal information in that form. A third example is that you may choose to create, upload, post, send, receive, use and store Platform Content, including your Private User Content such as sharing a Listing or your itinerary notes, on or through a Third Party Service such as Facebook, Pinterest or through a third party email service provider.
You may choose not to provide your personal information to TMH or to a Third Party Service. In this case, certain Platform Features and/or Third Party Services, which require personal information may not be available to you to Use. If you are uncomfortable with providing your personal information, do not Use such Platform Features and/or Third Party Services which require your personal information.
When you Use the TMH Platform and/or Third Party Services, communicate with TMH or Use the TMH Platform to communicate with Users, we may collect, use and process your personal information about your Use of the TMH Platform and/or Third Party Services, communication, the content of your communication, and any information you choose to provide. Examples include providing us information when you fill in a form, responding to surveys, giving us feedback, participating in promotions, communicating with TMH, sharing on social media, or using other Platform Features. In certain cases, we may read and disclose your personal information to other Users, as expressed in the applicable Platform Feature, to facilitate your Use of the Platform Feature and the TMH Platform. For example, you may choose to fill in a form to make an enquiry about one or more Suppliers’ Listings and provide personal information in that form. Your personal information provided by you in such form may be read by TMH, shared with and read by the Supplier, and either TMH and/or the Supplier will respond to you to assist you with your enquiry.
If you have been invited to the TMH Platform, the person who invited you may submit personal information about you such as your first name, last name, email address or other contact information. We will use this information to contact you to invite you to Use the TMH Platform.
When you Use the TMH Platform, we automatically collect, use and process information about the services you Use and how you Use them. This information is necessary for the adequate performance of the agreement between you and us, to enable us to comply with legal obligations and to provide and improve Platform Features:
*Geo-location Information. When you Use certain Platform Features, we may collect, use and process information about your precise or approximate location as determined through data such as your device’s IP address or device’s GPS, to offer you an improved user experience. Most devices allow you to control or disable the use of location services in the device’s settings. TMH may also collect this information even when you are not using the TMH Platform if this connection is enabled through your settings or device permissions.
*Usage Information. We collect, use and process information about your interactions and/or transactions with the TMH Platform such as the pages or content you view, your searches for Listings, and other actions you perform on or through or by the TMH Platform.
*Log Data and Device Information. We automatically collect, use and process log data and device information when you Use the TMH Platform, even if you have not registered a TMH Account or logged in. That information includes, among other things: details about how you’ve Used the TMH Platform (including if you clicked on links to Third Party Services), device IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after Using the TMH Platform.
*Do Not Track Signals. While you may disable the usage of cookies through your browser settings, the TMH Platform currently does not respond to a “Do Not Track” signal in the HTTP header from your browser due to lack of standardization regarding how that signal should be interpreted.
*Payment Transaction Information. When Users pay Platform Fees, TMH has access to certain information from a Third Party Service, PayPal, who is our Payment Processor. This information includes the amount of payment you made, PayPal transaction number, PayPal receipt number, date of payment, time of payment, payer name and payer email address. TMH may collect, use and process this information for our business purposes.
To the extent permitted by applicable law, we may collect, use and process additional information about you from Third Party Services, such as demographic data, your activities on and/or off the TMH Platform, information about your experiences and interactions and/or transactions with Suppliers’ products and/or services, Third Party Services such as ad networks or information to help detect fraud and safety issues, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings like identity verification services.
TMH may use a variety of Third Party Services to help us provide Platform Features. For example, Third Party Services may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of TMH’s products and services through third party platforms and software tools, or (vi) provide customer service, marketing, advertising, sales, accounting, payments services or other business functions. These providers have limited access to your personal information to perform these tasks on our behalf, and are contractually bound to protect personal information and only use personal information in accordance with our instructions. TMH will need to share your information, including personal information, in order to ensure the adequate performance of our agreement with you.
We may use, store, and process information noted in this section to (1) provide, understand, improve, and develop the TMH Platform, (2) create and maintain a trusted and safer environment (such as to comply with our legal obligations and ensure compliance with TMH’s policies) and (3) provide, personalize, measure, and improve our advertising and marketing.
We may also disclose aggregated information (information about our Users that we combine together so that it no longer personally identifies or references an individual User) and other anonymized information, for the improvement of Suppliers’ products and/or services, Third Party Services, for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes.
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you participate in promotional activities conducted by TMH, other Users, and/or Third Party Services. Where permissible according to applicable law we may use this personal information about you, to hash it and to share it with Third Party Services including Facebook, Pinterest and/or marketing agencies, and to generate leads or drive traffic to or promote the TMH Platform. The Third Party Services with which we may share your personal information are not owned, controlled, operated or managed by TMH. Therefore, any questions regarding how the Third Party Service processes your personal information should be directed to such Third Party Service. Please note that you may, at any time contact TMH to cease using and/or processing your data for which you previously provided consent. TMH’s contact information is available at the end of this Terms.
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. For this, you may contact TMH. TMH’s contact information is available at the end of this Terms.
We generally retain your personal information for as long as is necessary for the performance of the agreement between you and us and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely. Please note that if you request the erasure of your personal information:
*We may retain some of your personal information as necessary for our legitimate business interests, including maintaining the consistency of our infrastructure including our servers, databases, data and TMH Content, fraud detection and prevention and enhancing safety.
*We may retain and use your personal information to the extent necessary to comply with our legal obligations.
*Because we maintain the TMH Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
The TMH Platform is not directed to children under 16 and we do not knowingly collect, use, process or disclose any personal information directly from children under 16. If you believe that we possess the personal information pertaining to a child inappropriately, we take this very seriously and urge you to contact us. TMH’s contact information is available at the end of this Terms.
You must register a TMH Account to access and Use certain Platform Features available on or through or by the TMH Platform.
If you are registering a TMH Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in this Terms.
You must provide accurate, current and complete information during the registration process and keep your TMH Account information up-to-date at all times.
You may not register more than one (1) TMH Account unless TMH authorizes you to do so. You may not assign or otherwise transfer your TMH Account to another party.
You can register a TMH Account using your first name, last name, your email address and creating a password. You are responsible for maintaining the confidentiality and security of your TMH Account credentials and you may not disclose your credentials to any third party. You must immediately notify TMH if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your TMH Account. You are liable for any and all activities conducted through your TMH Account. TMH’s contact information is available at the end of this Terms.
Suppliers and Listings
Since TMH is merely a marketplace facilitating interactions and/or transactions among Users, TMH is not responsible or liable in any manner whatsoever for any issues that may arise among Users and Suppliers, and Suppliers alone are responsible for their dealings with Users. TMH does not guarantee payments due from Users to Suppliers in any manner whatsoever.
Suppliers alone are responsible for their Listings and products and/or services, including identifying, understanding, and complying with all laws, rules and regulations and obtaining any required licenses, permits, insurance, or registrations, that apply to their Listings and/or products and/or services in the countries they are established in and in which they operate. Suppliers must be a duly organized, insured, validly existing business, organization or other legal entity, in good standing, under the laws of the country they are established in and the laws of countries they operate in, and able to enter into legally binding agreements. Suppliers must comply with any applicable export control laws. Suppliers also represent and warrant that (i) neither they nor their products and/or services are located in or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.
When creating a Listing on or through or by the TMH Platform, Supplier must (i) provide complete and accurate information about their products and/or services, (ii) disclose any deficiencies, restrictions and requirements that apply and (iii) provide any other pertinent information requested by TMH. Suppliers are responsible for keeping their Listing information up-to-date at all times. To update a Listing, Suppliers may contact TMH. The contact information is available at the end of this Terms.
The placement and ranking of Listings in search results on the TMH Platform may vary and depend on a variety of factors, and is at the sole discretion of TMH. It is not possible to enumerate all factors. Examples include User search parameters, preferences and history of interaction with the TMH Platform, User Fees, amount of information and quality of Listings such as number and quality of images, number, quality and price of tours, customer service and cancellation policies, number and quality of testimonials, and/or ease of purchasing Supplier’s products and/or services.
TMH recommends that Suppliers obtain appropriate insurance for their products and/or services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users (and the individuals the User has purchased for, if applicable) while consuming your product and/or service.
Since TMH is merely a marketplace facilitating interactions and/or transactions among Users, TMH is not responsible or liable in any manner whatsoever for any issues that may arise among Users and Suppliers, and Suppliers alone are responsible for performance of their obligations to Users who avail of Suppliers’ products and/or services. TMH does not guarantee quality of performance of Suppliers in any manner whatsoever and Users cannot hold TMH liable in any manner whatsoever for poor performance and/or non-performance of any part of the obligations of Suppliers for any product and/or service Listed on or through or by the TMH platform.
You should carefully review the description of any Listings and the products and/or services you intend to purchase and consume and to ensure you (and any additional Users or individuals you are purchasing for) meet any minimum requirements which the Supplier has specified in their Listing. At your sole discretion, you may want to inform the Supplier of any medical or physical conditions, or other circumstances that may impact your and any additional User’s or individual’s ability to consume any product and/or service offered by the Supplier. In addition, certain laws may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your purchase and consumption of a Supplier’s products and/or services.
Before and during your consumption of Supplier’s product and/or service, you must at all times adhere to the Supplier’s instructions.
Third Party Services
TMH, at its sole discretion, (i) enables Listings and User Content from Users on or through or by the TMH Platform; (ii) enables TMH Content; (iii) enables Content from Third Party Services; and/or (iv) enables Users to interact and/or transact with Platform Content.
The TMH Platform and/or Platform Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. Users acknowledge and agree that the TMH Platform and/or Platform Content, including all associated intellectual property rights, are the exclusive property of TMH and/or its licensors or authorizing third parties including Users. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Platform Content. All trademarks, service marks, logos, trade names, and any other source identifiers of TMH used on or in connection with the TMH Platform and TMH Content are trademarks or registered trademarks of TMH in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of Users and/or Third Party Services used on or through or by the TMH Platform and/or Platform Content are used for identification purposes only and may be the property of their respective owners.
By creating, uploading, posting, sending, receiving, using, storing, or otherwise making available any Listings or User Content on or through or by the TMH Platform, Users grant to TMH a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to such Listings and User Content to access, use, store, copy, modify, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such information about your use of the TMH platform and your Listings and/or User Content to provide and/or promote the TMH Platform, in any media or platform.
Supplier shall create their Listing and submit it to TMH in the format required by TMH. TMH may offer Suppliers at its sole discretion, the option to have their Listings created and/or edited by TMH, including the use of royalty-free photos, royalty-free videos and any other royalty-free media. It is the sole responsibility of the Supplier to ensure that your Listing is accurately represented on the TMH Platform. If the Listing is inaccurate, Supplier may request updating by contacting TMH. The contact information is available at the end of this Terms. Supplier acknowledges and agrees that this Listings content, including all associated intellectual property rights, are the exclusive property of TMH. Subject to Supplier’s compliance with this Terms, TMH grants Suppliers a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use TMH created and/or edited Supplier Listings for Supplier’s personal or commercial use.
Users will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the TMH Platform or Platform Content, except to the extent you are the legal owner of certain Listings or User Content or as expressly permitted in this Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TMH or its licensors, except for the licenses and rights expressly granted in this Terms.
Subject to your compliance with this Terms, TMH grants Users a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) use the TMH Platform on your personal device(s); and (ii) access and view any Platform Content made available on or through or by the TMH Platform and accessible to you, solely for your personal and non-commercial use.
You are solely responsible for all Listings and User Content that you make available on or through or by the TMH Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Listings and/or User Content that you make available on or through or by the TMH Platform or you have all rights, licenses, consents and releases that are necessary to grant to TMH the rights in and to such Listings and User Content, as contemplated under this Terms; and (ii) neither the Listings or User Content, nor your posting, uploading, publication, submission or transmittal of it or TMH’s use of it (or any portion thereof) as contemplated under this Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any Listings or User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; (vi) contains any viruses, worms, or other code that may damage, interrupt or interfere with the TMH Platform; (vii) include any personally identifiable information of any individual without such individual’s consent or (viii) violates TMH’s Terms. TMH may, without prior notice, remove or disable access to any Listings, User Content or TMH Account that TMH finds to be in violation of applicable law, this Terms or TMH’s then-current Policies or Standards, or otherwise may be harmful or objectionable to TMH, its Users, third parties, or their property. Where TMH removes or disables Listings, User Content or TMH Accounts, TMH will notify the User and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Users or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting TMH. TMH’s contact information is available at the end of this Terms.
If your relationship with TMH is suspended or terminated for any reason or no reason, solely at the discretion of TMH, you acknowledge and agree that TMH may not be able to immediately remove your Listings and/or User Content from the TMH Platform and/or from advertising, marketing and/or any other business purposes in any media or platform. You grant to TMH a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to your Listings and User Content to access, use, store, copy, modify, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Listings and User Content to provide and/or promote the TMH Platform, in any media or platform, until TMH is able to remove your Listing and/or User Content.
This “Platform Content” section’s Terms shall survive any termination or expiration of this Agreement.
TMH respects the intellectual property rights of others and expects its Users to do the same.
It is TMH’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the TMH Account or access of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, TMH will respond expeditiously to claims of copyright infringement committed on or through or by the TMH Platform, that are reported to TMH.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through or by the TMH Platform to TMH. TMH’s contact information is available at the end of this Terms. Upon receipt of your notice, TMH will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the TMH Platform.
You agree that TMH may propose marketing campaigns from time to time. For this, we may seek a testimonial or interview from you or your representatives or take photographs or video clips of you or your representatives or of your products and/or services. Examples of marketing campaigns include but are not limited to articles, blog posts, press releases, and public relations, email and social media campaigns, advertisements, and/or other marketing and promotional campaigns, either online, offline or both. We may also use your names, logos, marks, trademarks, entity names and a description of our relationship, and any third party names, logos, marks, trademarks, and entity names used by you. We will seek your consent by electronic mail. Upon receiving your consent in electronic email, TMH will release the marketing campaign.
You may request deletion by contacting TMH. The contact information is available at the end of this Terms. You acknowledge and agree that TMH may not be able to immediately discontinue the marketing campaign. You grant to TMH a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to the information you have provided for marketing, to access, use, store, copy, modify, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner the information you have provided to TMH for marketing, in any media or platform, until TMH is able to remove your information.
You represent and warrant that you have all rights and licenses required to grant TMH the rights granted in this “Marketing” section.
This “Marketing” section’s Terms shall survive any termination or expiration of this Agreement.
TMH may at its sole discretion charge a Platform Fee from certain Suppliers and/or certain Users for Use of the TMH Platform, certain Platform Features and/or certain New Platform Features. You are responsible for paying any fee and any applicable taxes that you owe to TMH, in alignment with the agreement signed between you and us, that will govern the Listing Fees or User Fees paid by you to us, and read together with this Terms. Depending on the laws of the jurisdiction involved, VAT may also be charged on top of the Platform Fee and/or taxes.
Except as otherwise provided in the Listing Fee Agreement, Listing Fees are non-refundable.
Your rights with respect to TMH are limited to those rights expressly granted in this Terms. You acknowledge and agree that TMH owns all right, title, and interest in and to the TMH Platform, including personally identifiable information of Users, any data and/or information collected from Users, Platform Content, Platform Features, and any and all Intellectual Property Rights embodied therein, even if TMH or its licensors incorporate these into subsequent versions of the TMH Platform. TMH is protected by copyright, trademark, trade secret, and other laws of both the United States and foreign countries.
This “TMH Property” section’s Terms shall survive any termination or expiration of this Agreement.
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your Use of the TMH Platform. In connection with your Use of the TMH Platform, you will not and will not assist or enable others to:
*breach or circumvent any applicable laws or regulations, agreements with third parties, third party rights, or our Terms, Policies or Standards;
*use the TMH Platform or Platform Content for any commercial or other purposes that are not expressly permitted by this Terms or in a manner that falsely implies TMH endorsement, partnership or otherwise misleads others as to your affiliation with TMH;
*copy, store or otherwise access or use any information, including personally identifiable information about any User, contained on or obtained on or through or by the TMH Platform in any way that is inconsistent with TMH’s Terms or that otherwise violates the privacy rights of Users or third parties;
*use the TMH Platform in connection with the distribution of unsolicited commercial messages (“spam”);
*offer a Listing that you do not yourself own or have permission to make available on the TMH Platform;
*contact another User for any purpose other than asking a question related to a Listing, purchase of a product and/or service offered in a Listing or the User’s use of the TMH Platform, including, recruiting or otherwise soliciting any User to join Third Party Services, applications or websites;
*discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
*use, display, mirror or frame the TMH Platform, Platform Features, Platform Content, or any individual element of the TMH Platform, TMH’s name, any TMH trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page on the TMH Platform, without TMH’s express written consent;
*dilute, tarnish or otherwise harm the TMH brand in any way, including through the unauthorized use of Platform Content, registering and/or using TMH or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to TMH domain names, trademarks, taglines, promotional campaigns or Platform Content;
*use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the TMH Platform for any purpose;
*avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by TMH or any of TMH’s providers or any other third party to protect the TMH Platform;
*attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the TMH Platform;
*take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the TMH Platform;
*violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You acknowledge that TMH has no obligation to monitor the Use of the TMH Platform by any User or to review, disable access to, or edit any Platform Content, but has the right to do so to (i) operate, secure and improve the TMH Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure User’s compliance with this Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Platform Content that it determines is harmful or objectionable; or (v) as otherwise set forth in this Terms. Users agree to cooperate with and assist TMH in good faith, and to provide TMH with such information and take such actions as may be reasonably requested by TMH with respect to any investigation undertaken by TMH or a representative of TMH regarding the use or abuse of the TMH Platform.
If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to TMH by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
This “Prohibited Activities” section’s Terms shall survive any termination or expiration of this Agreement.
Termination, Suspension and other Measures
You may terminate this Agreement at any time by ceasing to use the TMH Platform.
Without limiting our rights specified below, TMH may terminate this Agreement and/or any other agreement including Listing Fee Agreement, at any time without assigning any reason, by giving you thirty (30) days notice via electronic mail to your registered email address. TMH will refund the applicable fee without interest, within 90 days from the date of notice sent by TMH. TMH will have no liability for failure to deliver notices that result from inaccurate account information, including an inaccurate email address.
TMH may immediately, without notice, terminate this Agreement and/or stop providing access to the TMH Platform if (i) you have materially breached your obligations under this Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) TMH believes in good faith that such action is reasonably necessary to protect the personal safety or property of TMH, TMH’s Users, or third parties (for example in the case of fraudulent behavior by a User).
In addition, TMH may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached this Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during TMH Account registration, Listing process or thereafter, (iv) you and/or your Listings or products and/or services at any time fail to meet any applicable quality or eligibility criteria, (v) TMH becomes aware of or has received complaints about your performance or conduct, (vi) you have failed to provide products and/or services in alignment with your Listings, or (vii) TMH believes in good faith that such action is reasonably necessary to protect the personal safety or property of TMH, TMH’s Users, or third parties, or to prevent fraud or other illegal activity:
*refuse to List, delay any Listing, and/or delete any Listing and/or other Platform Content;
*limit your access to or use of the TMH Platform;
*temporarily or permanently revoke any special status associated with your TMH Account;
*temporarily or in case of severe or repeated offenses, permanently suspend your TMH Account and stop providing you with access to the TMH Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by TMH and an opportunity to resolve the issue to TMH’s reasonable satisfaction.
When this Agreement has been terminated, you are not entitled to a restoration of your TMH Account or any of your Platform Content. If your Use of the TMH Platform has been limited or your TMH Account has been suspended or this Agreement has been terminated by us, you may not register a new TMH Account or Use the TMH Platform through the TMH Account of another User.
If TMH takes any of the measures described in this “Termination, Suspension and other Measures” section, you may appeal such a decision by contacting TMH. TMH’s contact information is available at the end of this Terms.
If you choose to Use the TMH Platform or Platform Content, you do so voluntarily and at your sole risk. The TMH Platform and Platform Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the TMH Platform, these Terms, laws, rules, or regulations that may be applicable to your Listings and products and/or services and/or services you are receiving from TMH, and that you are not relying upon any statement of law or fact made by TMH relating to a Listing.
If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.
You agree that some products and/or services from Suppliers may carry inherent risk, and by purchasing and/or consuming such products and/or services, you choose to assume those risks voluntarily. If you are bringing a minor as an additional individual, you are solely responsible for the supervision of that minor throughout the duration of your consumption of a Supplier’s product and/or service and to the maximum extent permitted by law, you agree to release and hold harmless TMH from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
This “Disclaimers” section’s Terms shall survive any termination or expiration of this Agreement.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and Use of the TMH Platform and Platform Content, your publishing of any Listing or User Content on or through or by the TMH Platform, your purchasing or consumption of any products and/or services Listed by Suppliers, or any other interaction or transaction you have with Users, whether in person or online remains with you. Neither TMH nor any other party involved in creating, producing, or delivering the TMH Platform or Platform Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products and/or services, or for any damages for personal or bodily injury, death, loss of property, harm or emotional distress arising out of or in connection with (i) this Terms, (ii) from the Use of or inability to Use the TMH Platform or Platform Content, (iii) from any communications, interactions, transactions or meetings with Users or other persons with whom you communicate, interact, transact or meet with as a result of your Use of the TMH Platform, or (iv) from your publishing of User Content or consuming Platform Content on or through or by the TMH Platform, or (v) from your publishing of a Listing including the provision or use of a Listing’s products and/or services, or (vi) from your purchase and/or consumption of Supplier’s products and/or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not TMH has been informed of the possibility of such damage. In no event will TMH’s aggregate liability arising out of or in connection with this Terms and your Use of the TMH Platform or Platform Content and in connection with any products and/or services, or interactions or transactions with any Users, exceed the amount you have paid to TMH, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between TMH and you.
This “Liability” section’s Terms shall survive any termination or expiration of this Agreement.
To the maximum extent permitted by applicable law, Users agree to release, defend (at TMH’s option), indemnify, and hold TMH and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with (i) Users’ breach of this Terms or our Policies or Standards, (ii) Users’ improper use of the TMH Platform or any TMH Services, (iii) Users’ interaction and/or transactions with any User and/or purchase and/or consumption of Supplier’s products and/or services, including any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, transaction, purchase, consumption and/or use, and/or (iv) Users’ breach of any agreement, laws, regulations or third party rights.
This “Indemnification” section’s Terms shall survive any termination or expiration of this Agreement.
TMH is committed to participating in a friendly dispute resolution process through an informal negotiation directly with TMH. To initiate dispute resolution, contact TMH. TMH’s contact information is available at the end of this Terms.
This “Dispute Resolution” section’s Terms shall survive any termination or expiration of this Agreement.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the TMH Platform. Our contact information is available at the end of this Terms. You may also submit feedback by other means of communication such as those available on our website. Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
This “Feedback” section’s Terms shall survive any termination or expiration of this Agreement.
Applicable Law and Jurisdiction
This Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
This “Applicable Law and Jurisdiction” section’s Terms shall survive any termination or expiration of this Agreement.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, this Terms constitute the entire Agreement between TMH and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between TMH and you in relation to the Use of the TMH Platform.
No joint venture, partnership, employment, or agency relationship exists between you and TMH as a result of this Agreement or your Use of the TMH Platform.
This Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of this Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
TMH’s failure to enforce any right or provision in this Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in this Terms, the exercise by either party of any of its remedies under this Terms will be without prejudice to its other remedies under this Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without TMH’s prior written consent. TMH may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by TMH via electronic mail.
This “General Provisions” section’s Terms shall survive any termination or expiration of this Agreement.
If you have any questions about this Terms please contact us at Contact@TravelMyHeart.com.